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(영문) 대전지방법원 2021.03.30 2020노2484
도로교통법위반(음주운전)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) “each of the original sentence of the lower court (the first instance court: the fine of KRW 6 million; the second instance court; the imprisonment of KRW 1 year)” is too unreasonable.

“”

2. The judgment of the court below against the defendant for an ex officio judgment was rendered separately, each appeal was filed, and this court decided to hold a joint hearing of each of the above appeal cases. Since each of the offenses committed by the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment below is ruled as follows through pleading.

【Grounds for the judgment in its entirety] The facts constituting a crime and the summary of the evidence admitted by the court in question and the summary of the evidence are identical to the facts constituting a crime of this case and the summary of the evidence. Except as to the facts constituting a crime of this case of this case of the second adjudication, Article 1 of the Criminal Procedure Act (Article 369 of the Criminal Procedure Act), with the exception of changing the phrase “7 million won” of the facts constituting a crime of this case of this case of this case of the second adjudication,

1. Relevant Article of the Act and Articles 148-2(3)2 and 44(1) of the Road Traffic Act (which means driving under the influence of alcohol, choice of imprisonment), Articles 148-2(1) and 44(1) of the former Road Traffic Act (which was amended by Act No. 17371, Jun. 9, 2020) concerning criminal facts (which means driving under the influence of alcohol at least twice, and choice of imprisonment);

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the scope of the sum of the long-term punishments for crimes of violation of Road Traffic Act due to driving by drinking two or more times with heavy punishment).

3. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances).

4. Article 62 (1) of the Criminal Act on the suspension of execution (normal consideration as follows):

5. An order to attend a course;

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